HARDIE GOES AWAY FOR LIFE

NZ Truth, Issue 1198, 15 November 1928, Page 9

HARDIE GOES AWAY FOR LIFE

(From "N.Z. Truth's" Special Dunedin Representative.)

AS the bell on the Dunedin railway station announced, the departure of the 11.34- north-bound express last Thursd.»y morning there was hustled aboard a special passenger — William John Hardie, the man who, for a paltry two ounces of gold dust, slaughtered a hard-working peaceable Chinese prospector at the Kyeburn Diggings on July 17. Handcuffed to a constable, Hardie was hurried across, the wide street from the police station to the waiting train, and installed m a reserved, compartment. .Fortunately for the young, criminal few of the public were aware of his departure from Dunedin an hour after his facing Judge MacGregor, and receiving a life sentence. Ringing m the man-killer's ears, as he took his last fleeting glance at the streets of his boyhood freedom, would be the sting of the learned judge's final remarks— "l think that on the same evidence they might equally have convicted him of murder! Pale and drawn of cheek — the obvious signs of reaction after prolonged and. pent-up stress of mind, Hardie faced the judge when the court opened on Thursday morningDelay m the delivery of sentence had been occasioned owing to the question of the rightful admissibility as evidence, of the dying statements of Sho Leung Shum to his bosom mate and fellow workman, Sue Pee. Lawyer Hanlon intimated; that he had consulted the accused m regard to the matter, with the result that the matter of appeal ha.d been abandoned.

"It might well be said that m returning a verdict of manslaughter, the jury took a lenient view," observed the lawyer. "Not having convicted on the murder charge, it might be contended that the jury found they were unable to conjure up m their minds exactly what happened at the time the deceased was killed.." Hardie, continued counsel, was a little over 22 years of age, and it was hoped that his honor, while inflicting a sentence which would give full protection to the public and offer itself as a. deterrent to such crimes, would see his way clear to make the penalty one which would not shut out' all hope of release for the prisoner. In echoing defending counsel's remarks regarding the leniency of the verdict, Crown Prosecutor Adams stated that it would be hard to imagine a more "heinous crime," and deserving of the maximum penalty. It was, said counsel, very hard to reconcile the jury's verdict with the facts of the evidence. •

While it could hardly be suggested that Hardie was m any degree insane, the police files disclosed an element of abnormality, arid it seemed that Hardie was more or less incorrigible when m an Industrial School. ' • • '•> '

"The prisoner was convicted by a jury on the most clear evidence, of manslaughter," pronounced his honor, into the deep silence of the court. "It was quite plain from the evidence that he killed the unfortunate victim m most brutal circumstances, the motive being apparently to steal the gold which Shum had, or the gold which accused thought he had.

"A young man of only twenty-two years, and a native of Dunedin, he seems to have been m and out of industrial schools from an early age. He seems to have been incorrigible and dishonest, and has been convicted of forging and uttering, two offences of theft, breach of probation and then theft again. It appears that he was on probation when this last crime was committed.

"The jury, of course, had the right to convict of manslaughter," his „ honor continued, "but on the same evidence I think they could equally have convicted for murder. The penalty then, of course, would have been hanging . . . After careful consideration, I find myself unable to inflict a less penalty than that provided for under Section 191. There are no extenuating circumstances to my mind which would lead one to impose anything but the maximum penalty ...

"If the accused shows any, signs of reform, then no doubt it will be left to the Prisons Board to take whatever steps are considered advisable m the way of releasing him or otherwise.

"The sentence of the court is that the prisoner be imprisoned with hard labor for life."

Hardie threw one thrusting glance at the judge — his lips parted m mumbling conversation with h.is escort — then, with a cynical smile, he stepped below.